Case Law
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How to Research Case Law
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Remember, in our form of government, Courts are not allowed to make law (but they do).
Case law only applies to parties in the case and if you aren’t a party to the case, it doesn’t apply to you. That’s our Republic.
Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue relying on binding precedent. If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, that would be persuasive authority rather than binding authority. Other factors such as how old the decision is and the closeness to the facts will affect the authority of a specific case in common law.
Any of the following tactics constitute an abuse of case law or civil law as a means of PROPAGANDA and result in VOID judgments;
- Any attempt to cite civil statutes from a territory in which the party is not domiciled.
- Any attempt to cite case law against you which involved parties who do not have the same domicile as YOU.
- Any attempt to imply that the civil law has the “force of law” against a NONRESIDENT party who is NOT “purposefully availing himself” of commerce within the forum.
- Any attempt to treat a NONRESIDENT as a RESIDENT for any subject matter that they are NOT “purposefully availing” themselves of commerce in the forum.